07/17/2018 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JULY 17, 2018
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmember Fields, and Hansen. Councilmembers Bakken and Tilley were absent.
A regular meeting of the Eagan City Council was held on Tuesday, July 17, 2018 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Maguire, Councilmembers Fields and Hansen. Councilmember
Bakken and Tilley were absent. Also present were City Administrator Osberg, Assistant City
Administrator Miller, Public Works Director Matthys, Parks and Recreation Director Pimental, Director of
Communications Garrison, Director of Community Development Hutmacher, Finance Director Pepper,
Deputy Chief Fineran, Fire Chief Scott, City Attorney Dougherty and Executive Assistant Stevenson.
AGENDA
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye:3 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentations.
CONSENT AGENDA
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the consent
agenda as present: Aye: 3 Nay: 0
A. It was recommended to approve the minutes of June 12, 2018 Special City Council minutes, and
June 19, 2018 regular City Council meeting, as presented or modified.
B. Personnel Items:
1. It was recommended to accept the resignation of Elizabeth Peifer, Human Resources
Generalist and authorize replacement of the position.
2. It was recommended to authorize the hiring of B. Eldona Bacon, Human Resources
temporary employee.
3. It was recommended to authorize the hiring of a full time Custodian at the Eagan
Community Center, to be named.
4. It was recommended to approve revisions to the Eagan Fire Department Leave Policies #123
and #305, for Part Time Relief Association Eligible Members.
5. It was recommended to authorize the promotion of Sergeant Andrew Speakman to
Lieutenant.
6. It was recommended to authorize the hiring of seasonal staff for the following positions:
Temporary Elections Assistant, Pool Attendant, Water Aerobics Instructor, Cascade Bay
Guest Relations 2, Park Maintenance Worker, Cascade Bay Lifeguard, and Utility
Maintenance Worker.
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July 17, 2018
2 page
C. It was recommended to ratify the check registers dated June 15, 22 and 29, 2018.
D. It was recommended to approve the ordinary and customary contracts with Flight Time Media,
Weis Builders Inc., Eagan Massage Center, EPG Security Group, Marit Block, and Steven Read.
E. It was recommended to approve Change Order No. 2 for Contract 18-03 (George Ohmann Park
Expansion), and authorize the Mayor and City Clerk to execute all related documents.
F. It was recommended to accept bid and award contract to Gerling and Associates, Inc. in the
amount of $169,000 for a New Mobile Television Production Truck Chassis/Box, to be jointly
purchased by the cities of Burnsville and Eagan.
G. It was recommended to approve an On -Sale Liquor and Sunday License for EI Parian Mexican
Grill Inc. doing business as EI Parian Mexican Grill, located at 1960 Cliff Lake Road, Suite 117.
H. It was recommended to approve a temporary on -sale liquor license and waive the license fee for
St. John Neumann Catholic Church on August 4 and 5, 2018 at 4030 Pilot Knob Road.
I. It was recommended to approve the resolution to request parking prohibition from Dakota
County Transportation Department on Lone Oak Road (CSAH 26), both sides from TH 55 to Lone
Oak Drive, in northeast Eagan, and authorize the Mayor and City Clerk to execute all related
documents.
J. It was recommended to approve the final payment for Contract 17-06 (Digital Radio System
Replacement) in the amount of $1,500.00 to Ancon Communications, Inc., and accept the
improvements for perpetual City maintenance subject to warranty provisions.
K. It was recommended to approve the final payment for Contract 17-07 (2017 Trail and Parking
Lot Improvements) in the amount of $14,757.73 to Aslakson's Service, Inc., and accept the
improvements for perpetual City maintenance subject to warranty provisions.
L. It was recommended to receive the bids for Contract 18-19 (Lexington/Diffley Booster Station —
Water Trunk Improvements), award the contract to Minnesota Mechanical Solutions, Inc. for
the base bid in the amount of $456,500.00 and authorize the Mayor and City Clerk to execute all
related documents.
M. It was recommended to approve the plans and specifications for Contract 18-21 (Reservoir Logo
Revisions) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on
Thursday, August 9, 2018 at 3419 Coachman Point, Eagan, MN.
N. It was recommended to approve the plans and specifications for Contract 18-22 (Ashbury
Sanitary Lift Station Rehabilitation) and authorize the advertisement for a bid opening to be held
at a date and time yet to be determined at 3419 Coachman Point, Eagan, MN.
0. It was recommended to approve a Joint Powers Agreement between the City of Eagan and
Dakota County for City Project 1295, County Project 32-87 Cliff Road Corridor Study and
authorize the Mayor and City Clerk to execute all related documents.
P. It was recommended to approve the recommendations of the Public Works Committee
regarding various appeals to the Water Meter Replacement/Repair (R/R) Program (City Code
3.05) surcharges for the identified properties in accordance with the related City Ordinance.
Q. It was recommended to amend a condition of approval to the Eagan Gateway Business Park
development contract and authorize the Mayor and City Clerk to execute related documents.
R. It was recommended to authorize execution of a Limited Use Permit with the Minnesota
Department of Transportation (MnDOT) for the construction of a trail in the right-of-way of
Interstate 494.
S. It was recommended to receive the petition to vacate public right-of-way, Hall Street, and
schedule a public hearing to be held on August 21, 2018.
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July 17, 2018
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T. It was recommended to receive the petition to vacate public drainage and utility easements on
Lot 7, Block 4 Pinetree Pass 2nd Addition (4642 Stonecliffe Drive) and schedule a public hearing
to be held on August 21, 2018.
U. It was recommended to approve a resolution requesting the Minnesota Commissioner of
Transportation's approval of revocation of designation for Northwest Parkway/Ames Crossing
Road, and designation of Vikings Parkway/Ames Crossing Road, as Municipal State Aid (MSA)
roadways within the City of Eagan.
V. It was recommended to approve a Cost Share, Operation and Maintenance Agreement with ISD-
196/Oak Ridge Elementary School (4350 Johnny Cake Ridge Road) to help implement a
Stormwater Runoff Reduction, Native Plant Community and Public Education Project on the
school campus through the Water Quality Cost -Share Partnership Program and authorize the
Mayor and City Clerk to execute all related documents.
W. It was recommended to approve a Stormwater Management System Maintenance Agreement
with 2782 Eagandale, LLC, for property located at 2782 Eagandale Boulevard (Factory Motor
Parts), and authorize the Mayor and City Clerk to execute all related documents.
X. It was recommended to approve a Stormwater Management system Maintenance Agreement
with McDonald's USA, LLC, for property located at 4565 Erin Lane (McDonald's), and authorize
the Mayor and City Clerk to execute all related documents.
Y. It was recommended to approve Change Order No. 2, Project 18-06, Police Department and City
Hall Renovation.
Z. Item was removed.
AA. It was recommended to approve a resolution to temporarily extend the license premise of the
On -Sale Liquor License issued to Final Final Brewing Co., LLC doing business as Union 32 Craft
House on July 27 to August 16, 2018 at 2864 Highway 55.
BB. It was recommended to approve an agreement with AVI Systems, Inc. to provide audio/visual
professional integration services for the renovations at the City Hall and Police facilities.
CC. It was recommended to approve an agreement with AVI Systems, Inc. to provide audio/visual
equipment purchased from the University of Minnesota cooperative purchasing contract.
DD. It was recommended to approve a resolution appointing election judges for the August 14, 2018
Primary.
EE. It was recommended to approve a Property Transfer Agreement to facilitate the sale of surplus
right-of-way to Costco Wholesale Corporation.
FF. It was recommended to approve the renewal of the Microsoft Enterprise Agreement.
PUBLIC HEARINGS
Variance — David and Rachel Bartosh
City Administrator Osberg introduced the item noting the 1.3 -acre property is located on the west shore
of LeMay Lake. The Council is being asked to consider a Variance of 9 feet to the 50 foot structure
setback from the Ordinary High Water Level of LeMay Lake to allow an expansion of the existing single-
family home.
City Planner Ridley gave a staff report and provided a site map.
David and Rachel Bartosh were available for questions.
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July 17, 2018
4 page
Mayor Maguire opened the public hearing. There being no public comment, Mayor Maguire turned the
discussion back to the Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Variance of 9
feet to the 50 foot structure setback from the Ordinary High Water Level of LeMay Lake to allow an
expansion of the existing single-family home upon property located at 1305 Towerview Road, subject to
the following conditions: Aye: 3 Nay: 0
1. If within one year after approval, the variance shall not have been completed or utilized, it shall
become null and void unless a petition for extension has been granted by the Council. Such
extension shall be requested in writing at least 30 days before expiration and shall state facts
showing a good fail attempt to complete or utilize the use permitted in the variance.
2. The property shall be platted prior to issuance of a Building Permit to expand the principal
structure.
3. With the plat, a conservation easement shall be established over the wetland and wetland
buffer along the south edge of the property, consistent with City Code Sec. 1167, and in a form
acceptable to the City Attorney.
4. A Building Permit shall be required prior to construction of the addition.
There was no old business to be heard.
OLD BUSINESS
NEW BUSINESS
Appeal of Staff Decision — 2170 James Street
City Administrator Osberg introduced the item noting owners at 2170 James Street submitted a building
permit application for a building addition. During the review process, staff discovered that the .8 -acre
parcel is unplatted. City staff informed the contractor that, per City Code, the property would need to be
platted before a Building Permit could be issued. In a letter dated June 1, 2018, the Packwoods disputed
staff's interpretation of City Code Section 13.02, Subd. 3. City staff explained in a letter dated June 6,
2018 that the platting standard has been uniformly required and that the City Attorney confirmed the
application of the City Code requirement. The Packwoods submitted a letter officially appealing staffs
decision.
The appellant, Mary Packwood, addressed the Council noting two reasons why they should not have to
plat their property, and continued with an overview of the request.
The Council, acting as the Board of Appeals, discussed the request.
Councilmember Fields moved, Councilmember Hansen seconded a motion to affirm staff's decision to
require the platting of the property located 2170 James Street. Aye: 3 Nay: 0
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July 17, 2018
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Planned Development Amendment — Bald Man Brewing — Outdoor Patio
City Administrator Osberg introduced the item noting the property received Planned Development
Amendment approval in 2015 to add a microbrewery and taproom along with a 1,200 SF outdoor
seating area. The Council is being asked to consider a Planned Development Amendment to allow for an
expansion of an outdoor patio area from 1,200 SF to 2,200 SF.
City Planner Ridley gave a staff report and provided a site map.
The applicant, Dan Jacobs, was available for questions.
The Council discussed the request.
Mayor Maguire opened the public comment. There being no public comment, Mayor Maguire turned
the discussion back to the Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Planned
Development Amendment to allow for an expansion of an outdoor patio area from 1,200 SF to 2,200 SF
for property located at 2020 Silver Bell Road, subject to the following conditions: Aye: 3 Nay: 0
A Planned Development Amendment Agreement shall be executed and recorded at the Dakota
County Recorder's Office prior to issuance of a building permit. The following plan is required
for the Agreement:
• Site Plan showing approximate dimensions of patio and 44' clearance for main drive
aisle.
• Draft Patio Plan (up to 93 seats)
2. The outdoor dining area is subject to City Code requirements including sewer availability
charges (SAC) imposed as a result of the additional seating in the outdoor dining area.
3. A Building Permit shall be obtained for the patio expansion.
4. The Building Permit application shall require a patio layout and plan that meets requirements
for accessibility maneuverability and egress/accessible door clearances per MN State Building
Code.
5. The outdoor patio shall comply with all liquor ordinance and licensing requirements with access
gained solely from inside the building and not the exterior.
Rezoning, Preliminary Subdivision (Summerbrooke 2nd Addition),
Preliminary Planned Development, Planned Development Amendment — Hunter Homes LLC
City Administrator Osberg introduced the item noting the Council is being asked to consider four items,
a Rezoning from Agricultural to Planned Development, a Preliminary Subdivision of 6 acres to create 6
single-family lots, a Preliminary Planned Development for the development of 2 additional single-family
homes, and a Planned Development Amendment to modify the lot lines upon parcels.
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6 page
City Planner Ridley gave a staff report and provided site maps.
The applicant, Kurt Manley, was available for questions.
Mayor Maguire opened the public comment. There being no public comment, Mayor Maguire turned
the discussion back to the Council.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Rezoning from
A, Agricultural, to PD, Planned Development, for 5 acres upon property located at 755 Diffley Road.
Aye:3 Nay:O
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Preliminary
Subdivision (Summerbrooke 2nd Addition) of 6 acres to create 6 single-family lots for property located at
755 Diffley Road and parcels legally described as Lots 1 and 2, Block 2 and Lot 2, Block 3, SummerBrooke
15t Addition, subject to the following conditions: Aye: 3 Nay: 0
1. The applicant shall comply with these standards conditions of plat approval as adopted by
Council on February 2, 1993: Al, B1, B2, B3, B4, C1, C2, C3, C4, E1, F1, G1, H1, 11 and L1.
2. The property shall be platted.
3. All lots shall meet the R-1 bulk standards; specifically, minimum 85' width, 12,000 sq. ft. in area
and maximum 20% building coverage.
4. All erosion/sediment control plans submitted for development and grading permits shall be
prepared by a designer who has received current Minnesota Department of Transportation
(MNDOT) training, or approved equal training as determined by the City Engineer in designing
stormwater pollution prevention plans.
5. All personnel responsible for the installation of erosion/sediment control devices, and the
establishment of vegetation for the development, shall have received Erosion/Sediment Control
Inspector/Installer certification through the University of Minnesota, or approved equal training
as determined by the City Engineer.
6. Erosion control measures shall be installed and maintained in accordance with City code and
engineering standards.
7. Minnesota Wetland Conservation Act Rules (Minn. Rules Ch. 8420) and Eagan's Wetland Protection
and Management Regulations (City Code §11.67) shall apply to the development.
8. A conservation easement, in a form acceptable to the city attorney, shall be provided over the
wetland and wetland buffer as delineated and approved by the city engineer.
9. This development shall meet the City's Post Construction Stormwater Management
Requirements (City Code §4.34) for Stormwater management and surface water quality,
including Runoff Rate Control and 1.1" Volume Control (or Alternative Stormwater Management
Designs, if fully documented, including on-site testing results and if accepted by the City
City Council Meeting Minutes
July 17, 2018
7 page
Engineer) on the site's new impervious surface area (including effective soil remediation for the
site's disturbed soils that are to be revegetated).
10. The applicant shall provide adequately sized pre-treatment (e.g. forebay, etc.) at, or
immediately upstream of, all stormwater management facility (e.g. infiltration/filtration basin)
inlets to provide for effective capture and easily -accessible cleanout of fine -sand sized particles
and floatable pollutants. Details shall be included in applicable plan sheet(s).
11. The applicant shall provide unobstructed equipment access paths (without obstructions from
grading, private utilities, landscaping, trees/branches, large shrubs, etc.), from street -edge to all
surface stormwater facilities' inlets and outlets. The unobstructed equipment access path (e.g.
15' width reinforced turf system from street edge to all forebay and filtration basin inlet and
outlet areas) shall be capable of fully supporting typical maintenance/excavation equipment, for
periodic maintenance access to the surface storm water facilities.
12. The applicant shall provide the City with soil boring logs prior to receiving city approval to
permit land disturbing activity from a minimum of four soil -borings within any proposed
infiltration/filtration area, extending a minimum of 10' below the bottom of the proposed
infiltration/filtration feature, to evaluate and ensure suitability (or properly document for
limitations) of infiltration. If the soil boring logs and on-site infiltration testing indicate
incompatibility of existing sub -soil permeability with the submitted and reviewed design plans
for meeting volume control requirements, the applicant shall revise the design and/or
construction plans (e.g. over-excavation/soil-amendment depth, etc.), or at the direction and
acceptance of the City Engineer shall proceed with Alternative Stormwater Volume Control
Designs, to ensure volume control requirements are fully met, to the satisfaction of the City
Engineer.
13. The applicant shall provide construction details, prior to receiving city approval to permit land
disturbing activity, of the proposed infiltration/filtration system for City review/acceptance by
the City Engineer and include in construction plans. Construction details shall include
infiltration/filtration basin cross-section(s), construction sequencing/protection/restoration
notes, sizing/volume tables, details for stable inlets/outlets/emergency overflows, unobstructed
inspection/maintenance access areas to inlets/outlets, soil amendment criteria, live planting,
seeding and temporary/permanent erosion -control details, etc., to ensure infiltration practice is
properly designed, constructed, planted, and adequately protected during/after construction to
prevent clogging, and able to be properly maintained (e.g. unobstructed equipment access, etc.)
to function as intended. These graphical details and notes shall be prominently included in all
applicable plan sheets (e.g. Grading Plan, Utility Plan, etc.).
14. Prior to receiving city approval to permit land disturbing activity, the property owner shall
provide detailed Soil Management Strategies for City review, and acceptance by the City
Engineer, that provide clear assurances that by final grading, prior to installation of any
irrigation and plantings, the disturbed areas that are to be revegetated will have protected
and/or restored soil permeability to non -compacted soil conditions in the top 12" of soil with no
less than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12"
of topsoil, to comply with Volume Control requirements. These graphical details, soil
remediation area graphical depictions/keys and notes on soil protection/restoration shall be
City Council Meeting Minutes
July 17, 2018
8 page
included in the Stormwater Management Plan and prominently included in all applicable plan
sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.) to
clearly convey requirement to the contractors involved.
15. Prior to receiving a Certificate of Occupancy for any affected residential construction, Soil
Management Strategy implementation documentation (e.g. representative on-site soil samples,
compaction testing and soil organic content test results) shall be provided to City Water
Resources staff to verify approved soil management strategy compliance.
16. During infiltration/filtration system area over-excavation/sub-soil work, the applicant shall
provide the City Water Resources staff with 24-hour advance notice of the occurrence of
infiltration verifications and also prior to any excavation and/or soil backfilling within the
infiltration practice.
17. The applicant shall provide the City Engineer as -built plans before the City returns any
Stormwater-related Performance Financial Guarantees on the development site, that
demonstrate that all constructed stormwater conveyance structures, stormwater management
facilities (forebays, infiltration/filtration practices, etc.), and soil management strategies
conform to design and/or construction plans, as approved by the City. As -built volumes (for
retention) shall be provided for the forebay and infiltration/filtration practices. The applicant
shall submit to the City Engineer certification that the stormwater management facilities have
been installed in accord with the plans and specifications approved. This certification shall be
provided by a Professional Engineer licensed in the State of Minnesota.
18. All existing well and septic systems on the site shall be abandoned in accordance with Dakota
County and City standards as part of this development. Well sealing records shall be provided to
the City.
19. This development shall be subject to a cash parks dedication of three lots payable at the time of
Final Subdivision at the rates then in effect minus the wetland and buffer conservation area.
20. This development shall be subject to a cash trail dedication of three lots payable at the time of
Final Subdivision at the rates then in effect.
21. If Lot 4 is subdivided in the future, additional park dedication and trail dedication shall be
required for the new lot.
22. A performance guarantee shall be provided to ensure the preservation of all significant trees
located within fifteen feet (15') of the construction zone. Based on the Tree Preservation Plan,
the required performance guarantee calculates to $2,675.00.
23. The applicant shall contact the City Forestry Division and set up a pre -construction site
inspection at least five days prior to the issuance of the grading permit to ensure compliance
with the approved Tree Preservation Plan and placement of the Tree Protection Fencing.
24. The shed located upon Lot 5 shall be removed prior to recording of the Final Plat.
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July 17, 2018
9 page
Councilmember Hansen moved, Councilmember seconded to approve a Preliminary Planned
Development for the development of 2 additional single-family homes, for 5 acres upon property
located at 755 Diffley Road, subject to the following conditions: Aye: 3 Nay: 0
1. The property shall be subdivided and platted prior to Final Planned Development approval.
2. The developer shall execute a Preliminary Planned Development Agreement which includes the
following plans.
Site Plan (revised to R-1 standards)
Tree Preservation Plan
A Final Planned Development Agreement shall be executed prior to issuance of any building
permits. The Final Planned Development Agreement shall be recorded against the property at
the Dakota County Recorder's office. The following plans are necessary for each Final Planned
Development Agreement:
• Site Plan (revised to R-1 standards)
• Tree Preservation Plan
4. The term of the Preliminary Planned Development shall be five (5) years.
5. All lots shall meet the R-1 bulk standards; specifically, minimum 85' width, 12,000 sq. ft. in area
and maximum 20% building coverage.
6. All erosion/sediment control plans submitted for development and grading permits shall be
prepared by a designer who has received current Minnesota Department of Transportation
(MNDOT) training, or approved equal training as determined by the City Engineer in designing
stormwater pollution prevention plans.
7. All personnel responsible for the installation of erosion/sediment control devices, and the
establishment of vegetation for the development, shall have received Erosion/Sediment Control
Inspector/Installer certification through the University of Minnesota, or approved equal training
as determined by the City Engineer.
8. Erosion control measures shall be installed and maintained in accordance with City code and
engineering standards.
9. Minnesota Wetland Conservation Act Rules (Minn. Rules Ch. 8420) and Eagan's Wetland Protection
and Management Regulations (City Code §11.67) shall apply to the development.
10. A conservation easement, in a form acceptable to the city attorney, shall be provided over the
wetland and wetland buffer as delineated and approved by the city engineer.
11. This development shall meet the City's Post Construction Stormwater Management
Requirements (City Code §4.34) for stormwater management and surface water quality,
including Runoff Rate Control and 1.1" Volume Control (or Alternative Stormwater
Management Designs, if fully documented, including on-site testing results and if accepted by
City Council Meeting Minutes
July 17, 2018
10 page
the City Engineer) on the site's new impervious surface area (including effective soil
remediation for the site's disturbed soils that are to be revegetated).
12. The applicant shall provide adequately sized pre-treatment (e.g. forebay, etc.) at, or
immediately upstream of, all stormwater management facility (e.g. infiltration/filtration basin)
inlets to provide for effective capture and easily -accessible cleanout of fine -sand sized particles
and floatable pollutants. Details shall be included in applicable plan sheet(s).
13. The applicant shall provide unobstructed equipment access paths (without obstructions from
grading, private utilities, landscaping, trees/branches, large shrubs, etc.), from street -edge to
all surface stormwater facilities' inlets and outlets. The unobstructed equipment access path
(e.g. 15' width reinforced turf system from street edge to all forebay and filtration basin inlet
and outlet areas) shall be capable of fully supporting typical maintenance/excavation
equipment, for periodic maintenance access to the surface storm water facilities.
14. The applicant shall provide the City with soil boring logs prior to receiving city approval to
permit land disturbing activity from a minimum of four soil -borings within any proposed
infiltration/filtration area, extending a minimum of 10' below the bottom of the proposed
infiltration/filtration feature, to evaluate and ensure suitability (or properly document for
limitations) of infiltration. If the soil boring logs and on-site infiltration testing indicate
incompatibility of existing sub -soil permeability with the submitted and reviewed design plans
for meeting volume control requirements, the applicant shall revise the design and/or
construction plans (e.g. over-excavation/soil-amendment depth, etc.), or at the direction and
acceptance of the City Engineer shall proceed with Alternative Stormwater Volume Control
Designs, to ensure volume control requirements are fully met, to the satisfaction of the City
Engineer.
15. The applicant shall provide construction details, prior to receiving city approval to permit land
disturbing activity, of the proposed infiltration/filtration system for City review/acceptance by
the City Engineer and include in construction plans. Construction details shall include
infiltration/filtration basin cross-section(s), construction sequencing/protection/restoration
notes, sizing/volume tables, details for stable inlets/outlets/emergency overflows,
unobstructed inspection/maintenance access areas to inlets/outlets, soil amendment criteria,
live planting, seeding and temporary/permanent erosion -control details, etc., to ensure
infiltration practice is properly designed, constructed, planted, and adequately protected
during/after construction to prevent clogging, and able to be properly maintained (e.g.
unobstructed equipment access, etc.) to function as intended. These graphical details and
notes shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan,
etc.).
16. Prior to receiving city approval to permit land disturbing activity, the property owner shall
provide detailed Soil Management Strategies for City review, and acceptance by the City
Engineer, that provide clear assurances that by final grading, prior to installation of any
irrigation and plantings, the disturbed areas that are to be revegetated will have protected
and/or restored soil permeability to non -compacted soil conditions in the top 12" of soil with
no less than 5% soil organic matter content and less than 200 psi of soil compaction in the top
12" of topsoil, to comply with Volume Control requirements. These graphical details, soil
City Council Meeting Minutes
July 17, 2018
11 page
remediation area graphical depictions/keys and notes on soil protection/restoration shall be
included in the Stormwater Management Plan and prominently included in all applicable plan
sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.) to
clearly convey requirement to the contractors involved.
17. Prior to receiving a Certificate of Occupancy for any affected residential construction, Soil
Management Strategy implementation documentation (e.g. representative on-site soil samples,
compaction testing and soil organic content test results) shall be provided to City Water
Resources staff to verify approved soil management strategy compliance.
18. During infiltration/filtration system area over-excavation/sub-soil work, the applicant shall
provide the City Water Resources staff with 24-hour advance notice of the occurrence of
infiltration verifications and also prior to any excavation and/or soil backfilling within the
infiltration practice.
19. The applicant shall provide the City Engineer as -built plans before the City returns any
Stormwater-related Performance Financial Guarantees on the development site, that
demonstrate that all constructed stormwater conveyance structures, stormwater management
facilities (forebays, infiltration/filtration practices, etc.), and soil management strategies
conform to design and/or construction plans, as approved by the City. As -built volumes (for
retention) shall be provided for the forebay and infiltration/filtration practices. The applicant
shall submit to the City Engineer certification that the stormwater management facilities have
been installed in accord with the plans and specifications approved. This certification shall be
provided by a Professional Engineer licensed in the State of Minnesota.
20. All existing well and septic systems on the site shall be abandoned in accordance with Dakota
County and City standards as part of this development. Well sealing records shall be provided to
the City.
21. This development shall be subject to a cash parks dedication of three lots payable at the time of
Final Subdivision at the rates then in effect minus the wetland and buffer conservation area.
22. This development shall be subject to a cash trail dedication of three lots payable at the time of
Final Subdivision at the rates then in effect.
23. If Lot 4 is subdivided in the future, additional park dedication and trail dedication shall be
required for the new lot.
24. A performance guarantee shall be provided to ensure the preservation of all significant trees
located within fifteen feet (15') of the construction zone. Based on the Tree Preservation Plan,
the required performance guarantee calculates to $2,675.00.
25. The applicant shall contact the City Forestry Division and set up a pre -construction site
inspection at least five days prior to the issuance of the grading permit to ensure compliance
with the approved Tree Preservation Plan and placement of the Tree Protection Fencing.
26. The shed located upon Lot 5 shall be removed prior to recording of the Final Plat.
City Council Meeting Minutes
July 17, 2018
12 page
Councilmember Hansen moved, Councilmember seconded to approve a Planned Development
Amendment to modify the lot lines upon parcels legally described as Lots 1 and 2, Block 2 and Lot 2,
Block 3, SummerBrooke 1St Addition, subject to the following conditions: Aye: 3 Nay: 0
The developer shall executed a Planned Development Amendment Agreement which includes
the following plan:
• Site Plan (revised to R-1 standards)
Preliminary Subdivision (Parkside Place 2018) —The Lincoln Group, Inc.
City Administrator Osberg introduced the item noting the Council is being asked to consider a
Preliminary Subdivision to create 7 single-family lots upon approximately 5.4 acres located at 4940 Dodd
Road.
City Planner Ridley gave a staff report and provided a site map.
The applicant, Danny Lincoln, was available for questions.
Mayor Maguire opened the public comment. There being no public comment, Mayor Maguire turned
the discussion back to the Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Preliminary
Subdivision (Parkside Place) to create 7 single-family lots upon approximately 5.4 acres located at 4940
Dodd Road, subject to the following conditions: Aye: 3 Nay: 0
1. The developer shall comply with these standards conditions of plat approval as revised by
Council on July 1, 2014: 61, B2, B3, B4, C1, C2, C3, C4, E1, G1, H1, L1
2. The property shall be platted.
3. Prior to Final Subdivision, the applicant shall demonstrate that the proposed development
would not cause the Gun Club to become out of compliance with State Statutes.
4. Because of the proximity of the development site to the West End Gun Club, the applicant shall
establish a covenant or declaration to be recorded with the plat that would serve as notification
to buyers of the nearby gun club.
5. Architectural design and construction methods shall incorporate sound attenuation standards
sufficient to achieve an interior sound level of 45 dBA for all lots. Compliance with this standard
shall be demonstrated at the time of application for Building Permit.
6. The key index shall be revised on the Tree Mitigation Plan to identify which trees are going
where.
7. The applicant shall provide protection of the preserved tree's critical root zones through the
placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot
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July 17, 2018
13 page
polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the
Critical Root Zone, whichever is greater.
8. The applicant shall contact the City Forestry Division and setup a pre -construction site
inspection at least five days prior to the issuance of the grading permit to ensure compliance
with the approved Tree Preservation Plan and placement of the Tree Protection Fencing.
9. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance
with current City standards and codes prior to final subdivision approval. All erosion/ sediment
control plans submitted for development and grading permits shall be prepared by a designer
who has received current Minnesota Department of Transportation (MNDOT) training, or
approved equal training as determined by the City Engineer in designing stormwater pollution
prevention plans. Also, all personnel responsible for the construction and management of
erosion/ sediment control devices, and the establishment of vegetation for the development,
shall have received Erosion/Sediment Control site management certification through the
University of Minnesota, or approved equal training as determined by the City Engineer.
Erosion control measures shall be installed and maintained in accordance with City code and
engineering standards.
10. All erosion/sediment control plans submitted for development and grading permits shall be
prepared by a designer who has received current Minnesota Department of Transportation
(MNDOT) training, or approved equal training as determined by the City Engineer in designing
stormwater pollution prevention plans. Also, all personnel responsible for the installation of
erosion/sediment control devices, and the establishment of vegetation for the development,
shall have received Erosion/Sediment Control Inspector/Installer certification through the
University of Minnesota, or approved equal training as determined by the City Engineer.
11. The infiltration basin overflow storm sewer pipe shall be sized to accommodate overflow from
future development of the property to the south, in a manner acceptable to the City Engineer.
12. A storm sewer stub shall be provided to the property to the south so it can connect and
discharge to the TH 3 right-of-way, in a manner acceptable to the City Engineer.
13. This development shall meet the City's Post Construction Stormwater Management
Requirements (City Code §4.34) for stormwater management and surface water quality,
including Runoff Rate Control and 1.1" Volume Control of effective retention of the site's new
impervious surface area (including effective soil remediation for the site's disturbed soils that
are to be revegetated).
14. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide to
the City a minimum of two soil boring logs within the footprint of the proposed infiltration area,
extending a minimum of 10' below the bottom of all proposed infiltration features with
continuous sampling, to evaluate and ensure suitability for infiltration, including depth to
saturated soils. If the soil boring logs indicate incompatibility of existing sub -soil permeability,
or shallow groundwater conflict, with the submitted and reviewed design plans for meeting
volume control requirements, the applicant shall revise the design and/or construction plans to
ensure volume control requirements are fully met for the impervious drainage areas.
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July 17, 2018
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15. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide
construction details of the proposed infiltration basin for City review/acceptance by the City
Engineer and include in construction plans. Construction details on plan sheets shall include
infiltration basin cross-section(s), construction sequencing/protection/restoration notes,
sizing/volume tables to demonstrate compliance with minimum volume control retention
including detailing drainage areas for each basin, details for stable inlets/outlets/emergency
overflows, unobstructed inspection/maintenance access areas to inlets/outlets, soil amendment
criteria, planting details (including live planting at 18 -inch on -center spacing with seeding of all
basin bottoms, and seeding of side -slopes), permanent erosion -control details, etc., to ensure
infiltration practices are properly designed, constructed, planted, and adequately protected
during / after construction to prevent clogging, and able to be properly maintained (e.g.
unobstructed equipment access, etc.) to function as intended. These graphical details and notes
shall be prominently included in all applicable plan sheets (e.g. Grading Plan, Utility Plan,
Landscape Plan, etc.).
16. Prior to receiving city approval to permit land disturbing activity, the property owner shall
provide detailed Soil Management Strategies for City review, and acceptance by the City
Engineer, that provide clear assurances that by final grading, prior to installation of any
irrigation, sod, permanent seeding or plant materials, the disturbed areas that are to be
revegetated will have protected and/or restored soil permeability to non -compacted soil
conditions in the top 12" of soil with greater than 5% soil organic matter content and less than
200 psi of soil compaction in the top 12" of topsoil, to comply with Volume Control
requirements. These graphical details and notes on soil protection/restoration shall be included
in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g.
Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.)
17. The applicant shall provide a minimum of 15 -foot -wide unobstructed equipment access paths
(without obstructions from grading, private utilities, trees/branches, large shrubs, etc.), from
street -edge to all surface stormwater facilities' inlets/outlets. The unobstructed equipment
access paths shall be capable of fully supporting typical maintenance / excavation equipment,
for periodic maintenance access to the surface storm water facilities. Verify that Landscape Plan
does not conflict with this requirement.
18. The applicant shall provide adequately sized pre-treatment (e.g. 4 -foot depth sump with
floatable skimmer hood, etc.) at, or immediately upstream of, all stormwater management
facility (e.g. infiltration basin) inlets to provide for effective capture and easily -accessible
cleanout of fine -sand sized particles and floatable pollutants. Pre-treatment structures shall be
accessible by appropriate maintenance equipment. Details shall be included in applicable plan
sheet(s).
19. During infiltration system area over-excavation/sub-soil work, the applicant shall ensure that a
Certified Soil Scientist will be present to verify and document that practice area sub -soils are
suitable for a saturated condition infiltration rate of 0.4 -inch per hour (based on 0.2 -inch per
hour design rate with safety factor) or greater (but less than 8.0 -inch per hour). If the sub -soil
infiltration rates are less than 0.4 -inch per hour (or greater than 8.0 -inch per hour), the applicant
shall immediately notify the City Engineer and revise the volume control practice(s) design and
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July 17, 2018
15 page
construction as necessary (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume
control requirements are fully met. Documentation shall be provided to the City within 48 -
hours after infiltration testing. The applicant shall ensure that the City Water Resources staff is
provided 24-hour advance notice of the occurrence of infiltration verifications and also provided
notice prior to any excavation and/or soil backfilling within the infiltration practices, to arrange
for inspections.
20. Prior to receiving a Certificate of Occupancy for any affected residential construction, Soil
Management Strategy implementation documentation (e.g. representative on-site soil samples,
compaction testing and soil organic content test results) shall be provided to City Water
Resources staff to verify approved soil management strategy compliance.
21. Before the city returns any Stormwater-related Performance Guarantee Fees on the
development site, the applicant shall demonstrate that all stormwater management practices
are performing as intended and shall provide the City Engineer as -built plans that demonstrate
that all constructed stormwater conveyance structures, stormwater management facilities
(sumps, infiltration basins, etc.) conform to design and/or construction plans, as approved by
the City. As -built volumes (for retention) shall be provided for the infiltration/bioretention
basins. The applicant shall submit to the City Engineer certification that the stormwater
management facilities have been installed in accord with the plans and specifications approved.
This certification shall be provided by a Professional Engineer licensed in the State of Minnesota.
22. Water and sewer services shall be provided for the existing home for future connection, in a
manner acceptable to the City Engineer.
23. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards, including along Dodd Road.
24. All wells and septic systems within the development shall be abandoned in accordance with City
and County standards.
25. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide
telecommunications fiber to the home (FTTH) or conduit to all home sites to permit third party
providers to install FTTH within the neighborhood, at the time of final subdivision approval.
26. A temporary cul-de-sac easement shall be acquired in a form acceptable to the City Attorney
(Standard Condition of Approval C3)
27. A drainage and utility easement shall be placed over the drainage area and storm sewer pipe on
Lot 1, Block 3.
Presentation on 2018 Minnesota Vikings Training Camp
City Administrator Osberg introduced the item noting the 2018 Verizon Vikings Training Camp will take
place in Eagan with the first practice on Wednesday, July 25. City staff have been meeting regularly with
representatives from the Minnesota Vikings to prepare for training camp.
City Council Meeting Minutes
July 17, 2018
16 page
Lester Bagley, Executive Vice Present -Public Affairs, gave a presentation and provided information about
the 2018 Verizon Vikings Training Camp.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Mayor Maguire thanked the Funfest Committee, staff and volunteers for their role in making the Fourth
of July Funfest a successful event despite the weather.
Councilmember Hansen thanked Mayor Maguire, City Administrator Osberg and Community
Development Director Hutmacher for providing a Business Development Update at the Eagan
Foundation event last night. He noted it was very informative and everyone enjoyed it.
VISITORS TO BE HEARD
A resident, addressed the Council regarding Emerald Ash Borer in Eagan. Mayor Maguire suggested she
contact the City Forester Gregg Hove who could best answer her questions.
ADJOURNMENT
Councilmember Hansen moved, Councilmember Fields seconded a motion to adjourn the meeting at
7:41 p.m. Aye: 3 Nay: 0
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